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International Telecommunications Union and the Republic of China (Taiwan): Prospects of Taiwan's Participation Chun Hung Lin

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International Telecommunications Union and the Republic of China (Taiwan): Prospects of Taiwan's Participation Chun Hung Lin Annual Survey of International & Comparative Law Volume 10 | Issue 1 Article 6 2004 International Telecommunications Union And the Republic of China (Taiwan): Prospects of Taiwan's Participation Chun Hung Lin Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Other Law Commons Recommended Citation Lin, Chun Hung (2004) "International Telecommunications Union And the Republic of China (Taiwan): Prospects of Taiwan's Participation," Annual Survey of International & Comparative Law: Vol. 10: Iss. 1, Article 6. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol10/iss1/6 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Lin: The ITU and Taiwan THE INTERNATIONAL TELECOMMUNICATION UNION AND THE REPUBLIC OF CHINA (TAIWAN): PROSPECT OF TAIWAN'S PARTICIPATION CHUN HUNG LIN" I. INTRODUCTION Founded in 1865, the former and current "International Telecommunication Union" (lTV) has dealt with numerous international telecommunication matters for more than a century. Posed as the most important international telecommunication organization in the world, the ITU has made a great contribution to international telecommunications cooperation and technical arrangements. With many developing countries' accessions, the missions of the ITU recently have been broadened to promote and assist technical and financial telecommunications development in those countries. All the world's inhabitants have the equal right to communicate, and this transformation of the ITU will further this ideal. Also, such a trend corresponds to the principle of universality and universal participation under the Constitution of the ITU. * Assistant Professor of Law, Feng Chia University, Taichung Taiwan; S.J.D., LL.M., Golden Gate University School of Law, San Francisco USA; LL.B. National Chengchi University College of Law, Taipei Taiwan. The author dedicates this article to the memory of his dear mother, Mrs. Hsu, Hsiu-Chin, and gives thanks for the loving supports from his father, Lin, Chuan-Hsun during the entire process of his doctoral studies. He also thanks his doctoral dissertation committee including Professor Dr. Sompong Sucharitkul, Professor Dr. Christian Okeke and Professor Jon Sylvester for their specific guidance and useful suggestions, and also thanks David Wilbur, a JD candidate from Rutgers University in Newark (New Jersey) for editing his doctoral dissertation. 133 Published by GGU Law Digital Commons, 2004 1 Annual Survey of International & Comparative Law, Vol. 10 [2004], Iss. 1, Art. 6 134 ANNDAL SURVEY OF INT'L & COMPo LAW [Vol. 10 Since losing its seat in the UN in 1971, Taiwan faces many difficulties participating officially in international organizations and activities. However, following the economic liberalization and internationalization, as well as political democratization in recent years, Taiwan has a stronger desire to heighten its international status and to join international organizations. Taiwan's participation in the APEC as well as the WTO shows it's willing to participate in more international affairs. Even so, Taiwan's participation in international organizations still brings several political and legal issues due to the PRC's obstructions. Within those regional or international organizations, the issue concerning Taiwan's accession into the lTD has seldom been mentioned. With the plan of Taiwan as the Asia-Pacific Regional Operation Center and the pursuit to be a telecommunication and media center, the discussion of Taiwan's accession into the lTD is absolutely necessary and urgent. The purposes of this article are to provide a general description of the most important telecommunication organization, the lTD, and from its missions and developments to discuss the possibility of Taiwan's accession into the lTD. At first, from the developmental history, organizational structure, operational procedures, and missions of the lTD, the article wants to describe which role the ITD plays in international telecommunication cooperation and to clarify why Taiwan should seek accession into this organization. Secondly, from the lTD's Constitution and Convention, as well as Taiwan's status in the international community, the article will debate the possibility and methods of Taiwan's accession into the lTD. II. ROLE OF THE ITD IN THE INTERNATIONAL COMMUNITY A. HISTORY OF THE lTD In the early and mid 19th century, due to national security and limited networks available, telegraph lines did not cross national borders and each country used different systems and telegraph regulations. Thus, messages across two or more countries had to be transcribed and translated at frontiers before retransmitted into another country's system. Because of this inconvenience as well as much work and time required, many countries decided to conclude multinational agreements to interconnect their national networks. The very early international telecommunication agreements can be traced back to those respecting the telegraph agreements that were entered into on the matter of protocols that services could be established among http://digitalcommons.law.ggu.edu/annlsurvey/vol10/iss1/6 2 Lin: The ITU and Taiwan 2004] THE ITU AND TAIWAN 135 German states in the 1840s.1 Later on, the increasing number of telegraph networks and the growth of telecommunication tools used, many countries in European determined to draft a framework agreement to standardize equipment, uniform operating instructions and rule multination tariff and accounting regulations. On 17 May 1865, twenty participating countries signed the fIrst International Telegraph Convention and the International Telegraph Union was established. This marked the birth of the lTD. 2 Following its creation in 1876, the telephone was added to the competence of the International Telegraph Union. 3 On the other hand, the Telegraph Union began to draw up the international legislation governing telephony so as to correspond to the expansive use of telephony. In 1896, following by the invention of the first type of wireless telegraphy, radiocommunication, a preliminary radio conference was convened in 1903 and the fIrst International Radiotelegraph Convention was signed in 1906.4 During the years of 1920s, with the new creation of telegraphy, the International Telephone Consultative Committee (CCIF), the International Telegraph Consultative Committee (CCIT), and the International Radio Consultative Committee (CCIR) were established sooner or later. The CCls were involved the preparation of the regulatory conferences to conclude international agreements governing all types of telecommunications. At the 1932 Madrid Conference, the "wire" and "wireless" unions, known as the "International Telegraph Convention" and the "International Radiotelegraph Convention," combined to form the "International Telecommunication Convention;" thereafter, the "International Telecommunication Union" (lTV) was set up in 1934.5 For the further development and organizational modernization, the ITU made an agreement with the United Nations and became one of the UN's I. Francis Lyall, Communication Regulation: The Role of The International Telecommunication Union, J. INFO. L. & TECH. 2 (1997), available at http://elj.warwick.ac.uk/jiltlcommsregl97 _3lyaV 2. See ITU's History at http://www.itu.intlaboutitulhistorylhistory.html. 3. Regulations in Execution of the International Telegraph Convention of Jul. 22, 1875, Berlin, Sept. 17, 1885, 165 CTS 212, BFSP vol. LXXVI 597. 4. Radio-telegraphic Convention, Final Protocol and Regulations, signed at Berlin Nov. 3, 1906,203 CTS 101, 1906, UK, ParI. Papers HC 368, UK state Papers Vol. CXXVIX 1906, BFSP vol. XCIX, 321. 5. Telecommunication Convention, General Radio Regulations, Additional Radio Regulations, Additional Protocol, Telegraph Regulations and Telephone Regulations, Madrid, Dec. 9,1932, lSI LNTS 4, Manley O. Hudson International Legislation (1932-34), VI, 109. Published by GGU Law Digital Commons, 2004 3 Annual Survey of International & Comparative Law, Vol. 10 [2004], Iss. 1, Art. 6 136 ANNVAL SURVEY OF INT'L & CaMP. LAW [Vol. 10 specialized agencies in 1947.6 The headquarters of lTV was decided by the 1948 conference to move from Bern to Geneva; at the same time, the "International Frequency Registration Board" (IFRB) was set up to manage the frequency spectrum. To assist and improve developing countries' telecommunications environments, the "Telecommunications Development Bureau" (BDT) was established at the 1989 Nice conference. In addition, due to the rapid changing of telecommunications circumstance, the globalization of telecommunications and the coming of the space age all required the ITV to alter and reform its obsolete structures and procedures. Therefore, a new lTV was designed during the period from the 1989 Nice Conference to the 1994 Kyoto Conference and the new Constitution and Convention also has been drafted and adopted. Within the new lTV, there are three new sectors including the Radiocommunication Sector, the Telecommunication Standardization Sector, and the Telecommunication Development Sector replacing the major former organs such as the CCnT, CCIR, and IFRB, etc.? Hence, a brand new lTV has been established and operated until now. B. MISSIONS AND PURPOSES OF THE lTV The ITV
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